Wittenberg v. Tilford, 330 So. 2d 216 (Fla. Dist. Ct. App. 1976).
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Wittenberg v. Tilford, 330 So. 2d 216 (Fla. Dist. Ct. App. 1976). Book View Copy Cite
Jerry WITTENBERG
v.
George TILFORD and Ann Marie Tilford, his wife
No. 75-2034.
District Court of Appeal of Florida.
Apr 13, 1976.
330 So. 2d 216
Carey, Dwyer, Austin, Cole & Selwood, and David L. Swimmer, Miami, for appellant., Alfred Gustinger, Jr., Miami, for appel-lees.
Barkdull, Hendry, Pearson.
Published
PER CURIAM.

This interlocutory appeal is taken from an order denying appellant Jerry Witten- [*217] berg’s motion to dismiss and quash service of process. The plaintiff attempted to secure service upon this defendant pursuant to Fla.Stat. § 48.071. No other type of process was issued. The proof before the court demonstrates without issue that the defendant was not, at the time of the service of process, engaged in a business within this State. Therefore, the order appealed must be reversed and the cause remanded with directions to quash the attempt of service of process upon the appellant. Cf. Meiselman v. McKnight, Fla.App.1969, 226 So.2d 437.

Reversed and remanded.